PRAMOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The instant jail appeal has been preferred by the appellant Pramod Kumar son of Ujagar, resident of Varkasi, Police Station Bela, District Auraiya, presently resident of 4/58 Ambedkarpuram, Police Station Kalyanpur, District Kanpur Nagar against the judgment and order of conviction dated 16.10.2012 passed by the Additional Sessions Judge, Court No. 7, Kanpur Nagar, in Session Trial No. 269 of 2009-State Vs. Pramod Kumar and others, arising out of Case Crime No. 1241 of 2008, under Sections 498A, 302 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kalyanpur, District Kanpur Nagar, whereby the appellant was sentenced to life imprisonment under Section 302 IPC coupled with fine Rs.5000/-, two years simple imprisonment coupled with fine Rs.3000/- under Section 498-A I.P.C. and six months simple imprisonment under Section 4 Dowry Prohibition Act and in case of default in payment of fine, additional six months imprisonment.

(2.) In this case, initially the charge under Section 302 I.P.C. was made in the alternative and the main charge was one under Section 304-B I.P.C.

(3.) Heard Dr. Abida Syed, learned amicus curiae for the appellant and Sri J.K. Upadhyay assisted by Sri Manoj Kumar Singh, Sri Virendra Kumar Maurya, Sri Dinesh Kumar Srivastava, Sri D.D. Chauhan and Sri Virendra Singh Rajbhar learned A.G.As. for the State and perused the record.